yet at home with a certain feeling of security because
of their presence  brutality, inhumanity bordering on the
sadistic, and ruthlessness are attributed abroad to the men of this
profession." Those are the words of Heydrich, who was the former
head of this organization.

Does Your Honor want to go ahead?

DR. KURT KAUFFMANN (Counsel for Defendant Kaltenbrunner): I have just
heard that during the afternoon the evidence will concern the Defendant
Kaltenbrunner. I therefore regard it as advisable to make a motion
regarding Kaltenbrunner now, before the recess, and not in the
afternoon.

My suggestion is the following: I ask that the trial against
Kaltenbrunner be postponed during his absence. Kaltenbrunner has only
been able to be present at a few days of the proceedings so far. The
reason for his absence is an illness which, in my opinion, is of a
serious nature, for it is obvious that in so important a trial only a
very serious illness can justify the absence of a defendant. I have no
doctor's report on his present condition. It appears to me dubious
whether he will be capable of attending the hearing at all in the
future. Be that as it may, my present suggestion that the trial of
Kaltenbrunner be postponed is not in contradiction to Paragraph 12 of
the Charter. If a defendant is alive and cannot be brought to trial in
person, then the trial can proceed against him in his absence. This is
particularly justified if the defendant is concealing himself and it is
thus his own fault if he is tried in his absence.

But Kaltenbrunner is here in prison. He did not withdraw himself from
the trial and he wishes nothing more than that he may be able to face
the accusations. But if such a defendant is obliged to be absent through
no fault of his own, then a trial that was nevertheless carried out
would hardly be consistent with justice. Article 12 of the Charter
mentions this point of justice specifically.

I should regret the procedure of the trial all the more since precisely
now Kaltenbrunner must have an opportunity to give me information in my
capacity as his Defense Counsel. The particular Indictment is not even
known to him; it was only handed over just before the Christmas recess.

I do not need to emphasize how greatly the Defense's task is made more
difficult by a continuation of the trial  indeed it is made almost
impossible.

THE PRESIDENT: The Tribunal will consider the application which has
been made on behalf of counsel for the Defendant Kaltenbrunner and will
give its decision shortly.